There is no showing that the four-year delay in indicting defendant was purposeful or resulted in any prejudice. However, the delay is not in any manner explained and it appears that defendant was readily available throughout this period and fully cooperated with the police investigation. This is a rare case where the length of and lack of justification for the delay are sufficient by themselves to warrant dismissal (see, e.g., People v Rodriguez,
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PEOPLE v. GUZMAN
227 A.D.2d 219 (1996)
642 N.Y.S.2d 269
The People of the State of New York, Appellant, v. Ernani Guzman, Also Known as Ernani DeGUZMAN, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 14, 1996
May 14, 1996
Appellate Division of the Supreme Court of the State of New York, First Department.
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